LAST UPDATE: October 5, 2023
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY AS IT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE APPLICABLE FEEDUP ENTITY (AS FURTHER DEFINED IN SECTION 1 OF PART I) IN RESPECT OF ACCESS AND USE OF FEEDUP’S WEBSITE LOCATED AT WWW.FEEDUPNOW.COM, AND ANY SUBDOMAINS USED IN CONNECTION WITH OR RELATED TO THE SAME AND ANY FUTURE VERSIONS (THE “WEBSITE”) AS WELL AS FEEDUP MOBILE APPLICATIONS (THE “FEEDUP EATER APP” AND “FEEDUP SERVER APP”)(TOGETHER THE FEEDER PLATFORM and THE ADMIN PLATFORM WEBSITES CONSTITUTE THE “FEEDUP PLATFORM”) THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE FEEDUP PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS (“FEEDER”) OR PROVIDERS OF COURIER SERVICES (“SERVER”) TO OTHER USERS OF THE FEEDUP PLATFORM, USERS WHO PURCHASE GOODS OR SERVICES THROUGH THE FEEDUP PLATFORM, USERS WHO DOWNLOAD THE FEEDUP PLATFORM APP AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. YOU MUST HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO PLACE ORDERS THROUGH THE FEEDUP PLATFORM AS A CUSTOMER OR TO OPERATE AS A VENDOR OR COURIER (AS SUCH TERMS ARE DEFINED IN SECTION 2 OF PART I). IF YOU ARE USING THE FEEDUP PLATFORM ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF SERVICE. THE TERM “USER”, “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, ACCESSING OR OTHERWISE USING FEEDUP PLATFORM OR THE FEEDUP SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE FEEDUP PLATFORM AND THE FEEDUP SERVICES ARE MADE AVAILABLE TO FACILITATE THE ORDERING OF FOOD, BEVERAGES OR OTHER PRODUCTS PROVIDED BY VENDORS THAT MAY BE DELIVERED BY COURIERS. YOU UNDERSTAND THAT FEEDUP’S TECHNOLOGY AND SERVICES FACILITATE THESE TRANSACTIONS IN CERTAIN JURISDICTIONS ONLY AND THAT FEEDUP IS NOT A VENDOR OR COURIER NOR IS FEEDUP RESPONSIBLE FOR FULFILLING ORDERS PLACED BY CUSTOMERS WITH VENDORS OR COURIERS.
BY ACCESSING, BROWSING AND USING THE FEEDUP PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE FEEDUP PLATFORM OR FEEDUP SERVICES OR ANY OF THEIR CONTENT OR SERVICES.
IMPORTANT NOTICE: PLEASE BE AWARE THAT SECTIONS 9 AND 10 OF PART I CONTAIN IMPORTANT DISCLAIMERS AND LIMITATIONS OF LIABILITY. IN ADDITION, SECTION 12 OF PART I CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ALTERNATIVE DISPUTE RESOLUTION PROCESS AND YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY FEEDUP IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. When changes are made, FEEDUP will make a new copy of the Terms of Service available on the FEEDUP Platform. We will also update the "Last Updated" date at the top of the Terms of Service. If we make any material changes, and you have registered with us to create an account we may also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the FEEDUP Platform. FEEDUP may require you to provide consent to the updated Terms of Service in a specified manner before further use of the FEEDUP Platform and/or the FEEDUP Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the FEEDUP Platform and/or the FEEDUP Services. Otherwise, your continued use of the FEEDUP Platform and/or FEEDUP Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE FEEDUP PLATFORM TO VIEW THE MOST CURRENT TERMS.
INDEX You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.
The FEEDUP Platform may use services and content from Google. You acknowledge and agree that you are bound by all Google Terms and Conditions (including the Google Privacy Policy).
The following additional terms and conditions apply to you if you are using a FEEDUP Platform App. You acknowledge and agree that:
These Terms of Service are entered into between you and FEEDUP. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the FEEDUP Platform App. The applicable FEEDUP party not Apple or Google, is solely responsible for the FEEDUP Platform App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the FEEDUP Platform App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If FEEDUP fails to conform to any applicable warranty, you may notify the download service provider used to obtain the FEEDUP Platform App and they will refund the purchase price (if any) of the FEEDUP Platform App in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the FEEDUP Platform App will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the FEEDUP Platform App and FEEDUP, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is FEEDUP’s responsibility. You and us both acknowledge that FEEDUP, not the download service provider used to obtain the FEEDUP Platform App, is responsible for addressing any end-user or third-party claims related to the FEEDUP Platform App, including, but not limited to: (a) product liability claims, (b) any claim that the FEEDUP Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the FEEDUP Platform App or your possession or use of the FEEDUP Platform App infringes on that third party’s intellectual property rights, as between FEEDUP and the download service provider used to obtain the FEEDUP Platform App, the FEEDUP Platform App will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a Canadian and U.S. Government embargo, or that has been designated by the Canadian and U.S. Government as a "terrorist supporting" country, and you are not listed on any Canadian and U.S. Government list of prohibited or restricted parties.
(i)-(iii) constitute the "Permitted Use" as applicable for a specific type of User.
You may not, without FeedUp's prior written permission, use the FeedUp Platform, the FeedUp Services or any Content (including other User’s User Content) for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the FeedUp Platform and/or the Content to:
You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the FeedUp Platform.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
The foregoing disclaimers do not affect Eater’s statutory rights against any Feeder or Server.
THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH FEEDUP WOULD NOT MAKE THE FEEDUP PLATFORM AND/OR FEEDUP SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold harmless FEEDUP and FEEDUP Group, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:
FeedUp reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by FeedUp.
FeedUp Inc.
Mississauga, ON
or
FeedUp may change its notice contact information from time to time by posting updated contact details on the FeedUp Platform.
Through the FeedUp Platform you may place orders for Goods from Feeders, you may receive delivery of the Goods and FeedUp may provide user support between you, Servers and Feeders (these services and associated services such as order management, payment processing for Orders and provision of access to the FeedUp Platform provided by FeedUp from time to time are the "FeedUp Services"). For avoidance of doubt, FeedUp does not prepare or fulfil any orders for Goods or provide delivery services directly and no members of the FeedUp Group will be liable for any transactions between Eaters, Servers or Feeders. FeedUp may provide products or services to Servers or Feeders through a separate agreement executed with such parties. Menus and other Feeder-related information on the FeedUp Platform is content provided by the Feeder and not FeedUp.
To use the FeedUp Platform and most features of the FeedUp Services, you are required to successfully create a user account (the "FeedUp Eater Account") using the available interfaces at the FeedUp Platform.
Payment processing services for the FeedUp Platform are provided by payment services providers as FeedUp may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize FeedUp to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the FeedUp Platform. You also agree that the FeedUp Group is not responsible for the use or misuse of such financial information, banking details and transaction information by the Payment Processing Services Provider or any third party.
You may have the ability to choose if you would like your Order to be picked up by you at the premise of the Feeder ("Pickup Order") or delivered to you by a third-party Server or Server of the Feeder ("Delivery Order"). You may be provided a time for when the Pickup Order will be ready for pickup or when the Delivery Order will be delivered. These times are only an estimate and FeedUp and the Feeder offer no guarantee that these times will be achieved. FeedUp is not responsible for any delays in receiving or having your Order ready for any reason. For a Pickup Order, you will arrive at the time provided and FeedUp and the Feeder are under no obligation to remake or refund the Goods if you do not arrive when indicated.
If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is delivered and are not ordering alcohol for any person below the legal age in the applicable jurisdiction. You acknowledge and agree that Feeders or Servers may require valid government-issued photo identification(s) matching the name on the order and proving your age to the Feeder or Server, and that the recipient is not intoxicated when receiving delivery. If you are unable to meet these conditions to the satisfaction of the Feeder or the Server then alcohol products may be withheld, and any refund for such withholding is at the discretion of the Feeder, FeedUp or Server. If you order alcohol and the alcohol is to be delivered, the delivery address must be a residential or private addresses. For greater certainty, alcohol orders may be subject to time and location restrictions.
The following terms and conditions will apply to all vouchers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the FeedUp Platform ("Promotional Vouchers"):
The Contest Rules may specify other eligibility rules.
FeedUp Privacy Policy
This Privacy Policy explains how FeedUp collects, uses and discloses personal information
FeedUp Services Inc. take privacy and data security seriously. We are committed to transparency in the collection, use and disclosure of your personal information. This Privacy Policy describes how we use personal information, and the circumstances under which we may share this information with a third party. This Privacy Policy applies to the privacy practices of FeedUp on our website located at: www.feedupnow.com, or the various associated websites, platforms or applications (collectively and each individually, the "FeedUp Platform") but does not include personal information relating to employees in such a capacity.
Some vendors or Feeders may use the FeedUp Platform to provide delivery services for orders placed on the vendor’s or Feeder’s own website, application or ordering platform. In such circumstances, we will process data received from such Feeder or vendor in accordance with this Privacy Policy.
By visiting and/or using the FeedUp Platform, you consent to the collection, use, storage, disclosure and transfer of your personal information as set out in this policy. In some cases, we may ask you to provide explicit consent if we intend to collect, use or disclose your personal information otherwise than as indicated in this Privacy Policy, however sometimes your consent may be implied through your conduct with us.
If you do not agree with any part of this Privacy Policy you should not conduct any transactions on the FeedUp Platform, navigate away from the FeedUp Platform immediately, and uninstall our application.
Collection and Use of Personal Information
This section explains the purposes for which FeedUp collects personal information
● Account Creation:
We collect your name, phone number, email address, a hashed password of your selection, the date and time of account creation and the IP address and device identifier of the device used for account creation. We use this information to administer your account, to enable your access to the FeedUp Platform, verify your identity as an authorized user concerning any accounts, and to implement, carry out and maintain security measures aimed at protecting our customers from identity theft, fraud and unauthorized access to an account. You may choose to register for an account via a third- party social media network, including Facebook and Google ("Social Media"). If you do so, you authorize us to access certain Social Media account information consistent with your Social Media privacy settings, including your name. We use this information to administer your account, and to enable your access to the FeedUp Platform.
● Social Media:
We may offer you the opportunity to otherwise engage with FeedUp or its content on or through Social Media. When you engage with us through Social Media websites, plug-ins and applications, you may allow us to have access to and disclose certain information associated with your Social Media account (e.g., name, username, email address, profile picture) to deliver content or as part of the operation of the website, plug-in or application.
● Placing an Order:
We collect information relating to any orders you place on the FeedUp Platform, including the IP address of the device used to place the order to help protect against theft, fraud and unauthorized access to an account, and certain payment information using the secure services of our payment processors. Payment operations are outsourced to our payment processors and we do not store your credit card information in our systems other than the first four and last four digits of the credit card number.
If your order has been placed for delivery, we collect the physical address to which you have requested delivery. We use this information to complete your delivery, and to allow you to select previously entered addresses for future deliveries. If you submit an order for alcohol, you may be asked to provide government-issued identification upon delivery, to confirm that you are of legal age.
● Gift Cards:
When you purchase a gift card for use on the FeedUp Platform, your payment card information (including payment card number, security code, expiration date, cardholder name and billing address) is transmitted using the secure services of our payment processors for the purposes of processing your payment. We also collect the gift card recipient’s email address and any information contained in the message to the recipient. We use this information to deliver and manage the gift card.
● Order History:
We may collect your order history including the date, time, cost, order type (takeout, delivery order, or subscription order), physical address and delivery instructions (if a delivery order), method of purchase, and order details, including specific food items ordered and special order instructions. We use this information to ensure that your order has been completed and to improve our service offerings.
● Marketing and Other Communications:
This section explains when we may contact you for marketing purposes or to inform you about important changes or other developments to the FeedUp Platform, products, services or your account
We may use your personal information to contact you for your views regarding FeedUp and to notify you occasionally about important changes or developments to the FeedUp Platform, products, services or your account. You cannot opt out of receiving notifications of important changes or developments (e.g. to this Privacy Policy or the Terms of Service/Use) unless you discontinue use of the FeedUp Platform.
You agree that we may use your personal information to let you know about our other events, products and services that may be of interest to you including services that may be the subject of direct marketing. We may contact you to do so by telephone, SMS/MMS and email and if you use our mobile application, via push notification. It is always your choice whether to receive or to continue receiving such marketing materials and updates from FeedUp. We will not send you any direct marketing communications unless you have separately consented to receive such communications or such consent has been deemed to have been given under applicable law. If you no longer wish to receive direct marketing communications, you can opt-out using the unsubscribe mechanism in the marketing communication itself (e.g. by clicking the unsubscribe link at the bottom of an email or by replying with the word "STOP" to an SMS/MMS or by following other provided instructions). To manage push notifications, go to the settings page of your phone or tablet and change the push notification permission for the FeedUp app. If you switch off in-app push notifications, you will no longer receive updates on your orders via push.
● Server and Feeder Reviews:
We may offer you the opportunity to submit a review of Servers and/or Feeders on the FeedUp Platform. When your review is published, the results may be made available to Servers and/or Feeders in appropriate circumstances. You also consent to us using such reviews in any marketing or advertising materials.
● Referrals:
The referral, "refer a friend" and other similar features on the FeedUp Platform permit you to send an email to other individuals that may be interested in FeedUp. This feature may require you to submit your name and email address, as well as the name and email address of the recipient. We do not use the names or email addresses submitted in these circumstances for any other purpose without the consent of you or the email recipient to do so. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the message.
● Employment Opportunities:
In connection with a job application or related inquiry, you may provide us with personal information including a resume, cover letter, or similar employment-related materials. This information will be used for the purposes of processing and responding to your application for current and future career opportunities, and to manage any ongoing working relationship.
● Become a Server:
You may apply to become an independently contracted Server by providing us with personal information such as your name, contact information, identification documents, proof of work eligibility, banking information, device ID as well as other contractor-related materials that we require from you. We use this information for the purpose of processing and responding to your application, purposes of fraud protection and prevention including the prevention of duplicate Server accounts, and to manage any ongoing contractor relationship.
● Surveys and Research:
From time to time, FeedUp may offer you the opportunity to participate in one of our surveys or other research, or to provide feedback regarding your order or experience with FeedUp. The information obtained through our surveys and research is used in an aggregated, non-personally identifiable form to help us understand users of the FeedUp Platform and to enhance our product and service offerings. FeedUp may use personal information to create data in aggregate and/or de-identified format for internal research, analytics and any other legally permissible purposes.
● Contests and Promotions:
When you enter a contest or participate in a promotion, FeedUp may collect your name, address, phone number, email address, and other information you provide. This information is used to administer your participation in the contest, sweepstakes or promotion.
● Apply to Become a Feeder or Vendor:
You may apply to become a vendor on the FeedUp Platform by providing us with your name, phone number, email address, physical address as well as other vendor materials. In most instances, this information would be considered business contact information rather than personal information. We use this information for the purpose of processing and responding to your application, and to manage any ongoing vendor relationship.
● Contact Us:
When you contact us with a comment or question, we collect the information you provide such as your name and email address, along with additional information that we may need to help us promptly respond to your inquiry. We retain this information to assist you in the future and to improve our customer service and service offerings. We also use personal information to establish and manage our relationship with you and provide quality service. We may record voice calls for training and quality purposes.
Information We Collect Automatically
This section explains the information we collect automatically when you visit the FeedUp Platform
We and our third-party service providers, including Google Analytics, collect, process, store and analyze information when you visit the FeedUp Platform, including IP address, your location when the FeedUp mobile application is used, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, pages viewed and other related information. We also use "cookies" or other tools that track, measure and analyze the behaviors and usage patterns of visitors to the FeedUp Platform. We use this information to help us understand how visitors engage with the FeedUp Platform and to improve our visitors’ experience.
A cookie is a tiny element of data that the FeedUp Platform can send to your browser, which may then be stored on your web browser or mobile device so we can recognize you when you return. The information that cookies collect includes the date and time of your visit, your registration information, session identification number, and your navigational history and preferences
We use cookies for analytics purposes as well as for certain features of the FeedUp Platform. The use of cookies is an industry standard and many major browsers and smartphones are initially set up to accept them. You may set your web browser or smartphone to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from the FeedUp Platform, you may not be able to take advantage of all its features.
Some third-party service providers may use cookies on our site. We have no control over those cookies and they are not covered by this Privacy Policy.
You can obtain additional information on Google Analytics’ collection and processing of data and data privacy and security, including how to learn more about opting out of Google Analytics’ data collection by visiting the Google Analytics website.
If you are an independently contracted Server on the FeedUp Platform, we need to access your location while you are using the Server App so that we can offer you orders for delivery, which you can always accept or decline, and track your location during delivery. We show your location to Feeders so that they can prepare the order for when you will be arriving and to customers (“Eaters”) so that they know where their food is and when to expect delivery. We also need to access your location while you are looking for a shift, to show you delivery zones near you.
If you are using an iOS device, you must set your location settings to “Allow Location Access: Always” and “Precise location: on”.
If you are using an Android device, you must set your location settings to “Allow Location Access all the time”.
These tracking settings must be turned on while you are using the Server App. If you turn off the tracking settings on your phone, the Server App will not work properly, and your phone will prompt you to switch the location settings back on.
You may choose to turn off these settings when you are not using the Server App. Even if you choose to leave these settings on when you are not using the Server App, FeedUp will not access your location when you are not on shift or using the Server App.
Interest-Based Advertising
This section explains how FeedUp uses Interest-Based Advertising to show you ads targeted to your interests, and how you may opt out of Interest-Based Advertising
We use cookies and other technologies for interest-based advertising purposes.
To learn more about Interest-Based Advertising, or to opt out of online interest-based advertising from a list of companies participating in the Digital Advertising Alliance of Canada at any time, visit http://youradchoices.ca/choices.
To learn more about Interest-Based Advertising in mobile apps and to opt out of this type of advertising by third-party advertising companies that participate in the DAAC’s AppChoices tool, please download the version of AppChoices for your device at https://youradchoices.ca/appchoices/.
On your mobile device, you may also have a “Limit Ad Tracking” setting (in iOS devices) or a setting to “Opt-out of Interest-Based Ads” (on Android), which allows you to limit the use of information about your use of apps for purposes of serving ads targeted to your interests.
Please be aware that, even if you opt out of interest-based advertising, you may continue to receive ads from us, but they will not be served using interest-based information about you. Also, to successfully opt out, you must have cookies enabled in your web browser. If your browser is configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser, your opt-out instruction may not, or may no longer, be effective. Your opt-out selections only apply to the web browser you use so you must opt out of each web browser on each device that you use. Once you opt out, if you delete your browser’s saved cookies, you may need to opt out again.
Custom Audience
We may also use services provided by third-party platforms (such as Social Media and other websites) to serve targeted advertisements on such platforms to you or others, and we may provide a hashed version of your email address or other information to the platform provider for such purposes. To opt out of the use of your information for such purposes, please contact us at legal@feedupnow.com. Please be aware that, even if you opt out of Custom Audience Ads, you may continue to receive ads from us, but they will not be served using Custom Audience Ads.
We may use Social Media, or other third parties, to serve Custom Audience Ads on their platforms. You may be able to set your preferences for advertisements through your account settings on the platforms.
Disclosure of Personal Information
This section explains under what circumstances personal information may be disclosed by FeedUp
The personal information you provide to us will be held on our servers which may be in Canada, the United States, Australia, Japan, United Kingdom and Ireland. In addition, your personal information may be accessed by or given to our staff working outside Canada and/or to third parties including companies within the FeedUp Inc. group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this policy or for other purposes notified to you. For example, we may send personal information outside of Canada for processing and storage by other companies within the FeedUp Inc. group of companies or by their service providers.
While your personal information is out of Canada, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Certain countries outside Canada and the European Economic Area do not always have equivalent strong data protection laws irrespective of the safeguards we have put in place for the protection of your information in accordance with this Privacy Policy.
The third parties with whom we share your information may undertake various activities such as processing credit card payments and providing services or products for us. In addition, we may need to provide your personal information to any vendors that a customer has placed an order with and Servers to allow the order to be processed and delivered. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.
If you have consented, we may allow select third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about other products or services that may be of interest to you. They may contact you by mail, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by email. If you change your mind about being contacted by these parties in the future, please let us know by using the contact details set out at the end of this Privacy Policy and/or by amending your profile accordingly.
If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your personal information may be disclosed or transferred to the target company, our new business partners or owners or their advisors provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.
We may use the personal information that you provide to us if we are under a duty to disclose or share your personal information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the Terms of Service/Use and any other agreement we have with you. This includes exchanging personal information with other companies and other organisations for the purposes of fraud protection and prevention. We and our service providers may use or disclose your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise required or permitted by applicable law or legal process. Your personal information may also be used or disclosed where necessary or desirable for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Safeguarding and Retention of Personal Information
This section explains the safeguards FeedUp has put in place to protect your personal information and the length of time FeedUp may retain your personal information
We have implemented administrative, technical, and physical measures to protect your personal information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We restrict access to your personal information to FeedUp personnel and authorized service providers who require access to fulfill their job requirements.
We will keep your information where we have an ongoing legitimate business need to do so (for example, while you hold an account with us and for a reasonable period of time thereafter, or to enable us to meet our legal, tax or accounting obligations). We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personal information, or account recovery, or if required or permitted by law. All retained personal information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your personal information due to technological limitations.
If you are using an iOS device, you can request an account deletion by:
If you are not using an iOS device, you can request an account deletion by emailing contact@feedupnow.com.
The transmission of information via the internet is not completely secure. Although we will take steps to protect your personal information, we cannot guarantee the security of your personal information or other data transmitted to the FeedUp Platform; any transmission is at your own risk. Once we have received your personal information, we will use organizational and technical safeguards to try to prevent unauthorised access. Please also note that the FeedUp Platform contains links to third party websites, which are not governed by this Privacy Policy, and FeedUp Inc. is not responsible for the collection, use or disclosure of Personal Information by such third party websites. When you click on such a link, you will leave our service and go to another site. During this process, another entity may collect personal information from you.
Access to Personal Information and Withdrawal of Consent
This section explains how you may gain access to your personal information held by FeedUp and how you may withdraw consent to the collection and use of personal information
You have the right to access, update and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in other personal information we have in our custody or control by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records and may restrict access to personal information as required or permitted by applicable law or legal process.
You may withdraw or modify your consent to any ongoing and future collection and use of personal information at any time, subject to legal and contractual restrictions, provided that reasonable notice is given to us. If you withdraw your consent to receive information regarding certain products, publications, services or events being offered by FeedUp, you will no longer receive those types of communications.
Updates to the Privacy Policy
This Privacy Policy is current as of the “Last Updated” date which appears at the bottom of the page. Your continued use of the FeedUp Platform after any change of our Privacy Policy will constitute your acceptance of the revised terms of this Privacy Policy. We may update this Privacy Policy from time to time as required to reflect changes to our privacy practices. We encourage you to periodically review this page for the latest information on our privacy practices.
Contact Us
FeedUp welcomes your comments, concerns and questions regarding this Privacy Policy and the use of your personal information. If you would like access to your information, if you have any comments, queries or requests relating to our use of your personal information, if you would like a copy of our Privacy Policy emailed to you or if you find any errors in our information about you, please email us at legal@feedupnow.com.
This agreement is entered into by FeedUp Inc. (“FEEDUP”) and the Restaurant or the Seller (“Feeder”) named on: (i) the FEEDUP restaurant application or (ii) the cover page(s) (the “Feeder”), each a “Party” and together the “Parties.” In consideration of the mutual covenants contained in the Feeder Agreement (as defined in Section 1.3 below), each Party, agrees to meet their respective obligations in relation to receiving, preparing, delivering, or processing orders for food, drinks, and other items.
(“Food”) from the Feeder to customers (the “Eater”) who place orders through FEEDUP’s online portal (“Eater”) at FeedUp Eater application and its affiliated websites, proprietary technology, ordering platforms and other platforms, if any (collectively, the “Website”), as set out in these terms and conditions.
Please review the information provided on Feeder portal on the Website and FEEDUP’s Eater Satisfaction Guidelines.
Eater Satisfaction and Server Delay Guidelines
Eater satisfaction is extremely important to your Feeder and FEEDUP and FEEDUP recognizes your desire to reduce time spent managing order issues. Fast and effective Eater care is the best way to ensure high Eater satisfaction and increase reorder rates. FEEDUP has invested in a dedicated Eater Satisfaction Team and created these guidelines to assist you in understanding how Eaters on the FEEDUP platform are typically compensated when mistakes happen or there are order/delivery issues involving a FEEDUP-arranged Server.
These guidelines are intended to be for reference only and FEEDUP retains the discretion to deal with specific issues on a case-by-case basis. The interpretation and application of these guidelines are at FEEDUP’s sole discretion and are subject to change at FEEDUP’s sole discretion.
In these guidelines, the following capitalized terms have the following meanings:
“Server” means a courier that has been arranged for delivery on the FEEDUP network.
“Server Hold” means a situation where an Order is not ready to be picked up when the Server arrives at the Feeder at the expected time and when the Server is delayed for more than 5 minutes after arrival at the Feeder.
“Server Retention Fee” means 0.5% of the food and beverage subtotal of an Order.
“Delivery Costs” means the Delivery Fee plus applicable taxes and Server tip.
“Delivery Fee” means the amount paid to the Server for delivery of the Order.
“Item” means any food, beverage or other product offered for sale by your Feeder on the FEEDUP network.
“Order” means an order for your Feeder’s Items placed by an Eater through the FEEDUP platform.
“Retail Price” means the menu price plus applicable taxes but excluding any Delivery Costs.
“Refund” means the amount that is being provided to the Eater as goodwill in order to provide better Eater satisfaction
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General Guideline |
Exception Handling |
Delivery issues caused by FEEDUP or a FEEDUP arranged Server (for example, Server drops the food, etc.) The Eater is refunded up to 100% of the Retail Price of affected Item(s) and Delivery Costs.
FEEDUP is responsible for 100% of the Refund. Food quality concerns (for example, hair in food, Eater did not like food, poor packaging, etc.) The Eater is refunded up to 100% for the Retail Price of the affected Item(s) and Delivery Costs.
Feeder is responsible for 100% of the Refund.
If an Item in a combo meal is missing, incorrect or the subject of food quality concerns and a refund is warranted, the menu price of the Item will be used. Where a combo meal includes an Item that is not individually listed and priced on the menu, the price is $5.00.
Missing or incorrect Items (for example, fries missing, etc.) The Eater is refunded 100% for the Retail Price of the affected Item(s) and Delivery Costs.
Feeder is responsible for 100% of the Refund.
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Cancellations
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Order not confirmed by the Feeder, or the Feeder cancels the Order - The Eater is refunded 100% for the Retail Price of the Order and Delivery Costs.
The Eater is automatically issued a $5.00 retention credit on behalf of the Feeder for each Order that is not confirmed, or is cancelled, by the Feeder.
Order cancelled by Eater the Eater is refunded 100% for the Retail Price of the Order and Delivery Costs.
Feeder is not charged for the cancellation
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Server Retention Fee
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At the end of each Billing Period, FEEDUP will assess (each assessment, a “Server Hold Assessment”) the number of Server Holds incurred by the Feeder in the immediately preceding 28 days.
If the Feeder has 4 consecutive Server Hold Assessments showing that the Feeder has incurred Server Holds on 10% or more of the Orders processed for the Feeder through the Website, then, on a go-forward basis, the Feeder will be charged a Server Retention Fee on all Orders processed for the Feeder through the Website, until such time as a subsequent Server Hold Assessment confirms that the Feeder’s Server Hold rates have fallen below 10%.
Thereafter, the Feeder will not be charged a Server Retention Fee unless and until the Feeder again has 4 consecutive Server Hold Assessments showing that the Feeder incurred Server Holds on 10% or more of the Orders processed for the Feeder through the Website. In such case, the Feeder will again be charged a Server Retention Fee as set out in the above paragraph.
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FEEDUP may provide the refund or compensation by payment to the Eater’s credit or debit card or by providing the Eater with FEEDUP credits. Amounts owed between FEEDUP and the Feeder are reflected on the weekly invoice or as set out in the Feeder Agreement.